In addition, rights in moving images—dubbed motion marks, which can combine colors, sounds and aspects of product designs—can be considered non-traditional marks.

Jurisdictions around the world are increasingly providing some form of protection to non-traditional marks. Among the most commonly protected marks are product designs, packaging and product configuration, collectively referred to as “trade dress."

INTA's position

INTA advocates that non-traditional trademarks may function as trademarks and, therefore, in appropriate circumstances should be entitled to trademark recognition, registration and protection.

Board Resolutions

Amicus Briefs

INTA Position: Under European trademark law, a sound, under appropriate factual circumstances, can function as a trademark.

Outcome: The European Court of Justice ruled that sounds may function as trademarks, provided they are capable of distinguishing the goods and services of one undertaking from another and are capable of being represented graphically

INTA Position: Under European trademark law, a color, under appropriate factual circumstances, can function as a trademark.

Outcome: The European Court of Justice ruled that color alone, without any form or shape, may function as a trademark if it has a distinctive character and if the color may be represented graphically in a way that is clear, precise, self-contained, easily accessible, intelligible, durable and objective.

Reports

Nontraditional Marks Matrices

Organized by region, these charts detail registrability of nontraditional trademarks in various countries.

Nontraditional Trademarks in Europe
Considers the issue of registrability and enforceability of shape and color trademarks in 36 European jurisdictions, including the European Union. Legislation Analysis Committee’s Europe Subcommittee

Nontraditional Marks in Europe and Central Asia: Case-Law Matrix

The Nontraditional Marks Committee – Europe and Central Asia Subcommittee has been monitoring and summarizing case law of relevance from various courts and jurisdictions across Europe.

This project is a “friendly competition” based on a fictional case whereby the quality of the advice given to a fictional client was assessed by a jury of in-house counsels. The outside counsels were asked to advise the client on its chances for trademark applications of a specific product in counsel’s national jurisdiction; in addition, counsels were open to suggest minor modifications to their design since the products have not been finalized. The counsels had to address four specific questions. Submissions were received from counsels in 20 jurisdictions across Europe and Central Asia.INTA Members can view the full list of submissions here.

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